On January 11th, Representatives Dafna Michaelson Jenet (D) and Colin Larson (R) introduced House Bill 19-1076 (“HB 1076”), which would amend the Colorado Clean Indoor Air Act. In addition to prohibiting smoking in many public places, the Clean Indoor Air Act also currently prohibits smoking in the restrooms, lobbies, hallways and common areas of HOAs in Colorado.
From the HOA perspective, HB 1076 would not change the fact that folks are prohibited from smoking in the restrooms, lobbies, hallways and common areas of HOAs. However, the bill does amend the definition of “smoking” to broaden that definition to include a prohibition on the smoking of electronic smoking devices like e-cigarettes.
HB 1076 defines “Smoking” as “Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an Electronic Smoking Device.”
In addition to amending the definition of “Smoking,” HB 1076 also provides that smoking is only permitted outside of the entryway of an HOA (and other public places) if the smoking takes place at least 25 feet outside of the entryway. Currently, the Indoor Clean Air Act permits smoking which is at least 15 feet outside of any entryway.
Finally, HB 1076 eliminates exemptions to the Indoor Clean Air Act and eliminates the ability in some settings to create areas where folks are permitted to smoke. However, these provisions of HB 1076 do not apply to HOAs.
HB 1076 will be heard before the House Health and Insurance Committee on January 30th at 1:30 pm. Stay tuned to this blog for updates on HB 1076 as it proceeds through the legislative process.